Francisco Garcia v. State of Indiana (mem. dec.)
49A02-1608-CR-1728
| Ind. Ct. App. | Mar 13, 2017Background
- In July–August 2015 Francisco Garcia lived in a house with friends and his girlfriend L.H., who moved from Florida with her young son and shared a bed with Garcia in the basement.
- On the night of August 13–14, 2015 an argument between Garcia and L.H. escalated: Garcia slapped her, knocked her to the floor, chased her into a small laundry area while holding a switchblade, cut her finger during a knife struggle, pinned her to the ground, his knee struck her face/nose causing bleeding and a scar, and he grabbed her neck such that she had difficulty breathing and saw “little stars.”
- Neighbors/housemates heard the argument; L.H. and another resident called police and L.H. was treated and transported to a hospital.
- The State charged Garcia with multiple counts including criminal confinement (Level 5 with bodily injury), strangulation (Level 6), domestic battery in presence of child (Level 6), and related offenses; some counts were dismissed pretrial or at verdict.
- After a bench trial Garcia was convicted of criminal confinement (Level 5), strangulation (Level 6), and domestic battery in presence of a child (Level 6); one misdemeanor conviction was vacated due to double jeopardy and the court imposed concurrent sentences totaling three years.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Garcia) | Held |
|---|---|---|---|
| Sufficiency to support Level 6 domestic battery ("living as if spouses") | L.H. and Garcia cohabitated in an ongoing romantic relationship; she moved in with her son and they shared a bed, supporting "living as if spouses" | Relationship too short (~one month), no evidence of financial interdependence or shared bills — statute factors not met | Conviction affirmed; evidence (cohabitation, mutual declarations of love, sharing a bed, defendant’s own statement calling dispute like "husband and wife") sufficient for a reasonable factfinder |
| Sufficiency to support Level 6 strangulation | L.H. testified Garcia grabbed her neck with both hands, impeded breathing/speech, she saw "little stars" — satisfies element of impeding breathing/circulation | Symptoms could be explained by other physical contact (knee/weight) — argues speculation and invites reweighing | Conviction affirmed; L.H.’s testimony of pressure and resulting breathing/vision symptoms was sufficient evidence |
| Sufficiency to support Level 5 criminal confinement (with bodily injury) | L.H. testified Garcia told her "you're going nowhere," blocked exit in a small laundry area, held a knife, restrained her wrists, knocked her down causing injury and a lasting scar | Argues inconsistencies in L.H.’s statements and credibility issues create reasonable doubt | Conviction affirmed; testimony supported confinement without consent and resulting bodily injury; credibility issues are for factfinder |
Key Cases Cited
- Palacios v. State, 926 N.E.2d 1026 (Ind. Ct. App. 2010) (appellate sufficiency review: consider probative evidence and reasonable inferences; do not reweigh credibility)
- Johnson v. State, 804 N.E.2d 255 (Ind. Ct. App. 2004) (a conviction may rest on uncorroborated testimony of a single witness)
- Steele v. State, 42 N.E.3d 138 (Ind. Ct. App. 2015) (standard for affirming when reasonable fact-finder could find elements proved beyond reasonable doubt)
- Bowling v. State, 995 N.E.2d 715 (Ind. Ct. App. 2013) (domestic-battery "living as if spouses" factors not a litmus test; relationship character may be plainly domestic)
- Williams v. State, 798 N.E.2d 457 (Ind. Ct. App. 2003) (same; statutory factors illustrative not exhaustive)
- Croy v. State, 953 N.E.2d 660 (Ind. Ct. App. 2011) (discussion of cohabitation and "living as if spouses" concept)
- Richard v. State, 816 N.E.2d 72 (Ind. Ct. App. 2004) (appellate courts do not judge witness credibility)